Strict liability crimes are a specific category of offenses that do not require proof of the perpetrator’s intention to break the law or even awareness that they were doing so.
These cases stand apart in criminal law as they focus solely on whether an action was performed, irrespective of intent. Some of the most common strict liability crimes in Lexington, Kentucky, include:
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Traffic Violations
Traffic infractions, typically considered strict liability offenses, are violations of traffic laws that don’t typically take the driver’s intent into account.
If you commit the act, like running a red light or speeding, you can be held liable regardless of your intent.
Statutory Rape
Statutory rape is categorized as a strict liability sex crime where adults over the age of 18 are prohibited by law from engaging in sexual intercourse with individuals under the age of 16, regardless of consent. This is because someone under the age of 16 cannot legally give consent.
Therefore, even if the adult believes the minor is of consenting age or if the minor expressed willingness, it would generally not exempt them from criminal charges and they could still be found guilty of statutory rape.
Statutory Rape Penalties in Kentucky
The severity of statutory rape (also referred to as third-degree rape) penalties can vary greatly and is mostly determined by the age difference between the participants.
For example, if an individual who is 21 engages in sexual activity with a minor under 16, this is classified as 3rd-degree rape, which is considered a Class D felony. The punishment ranges from 1 to 5 years’ imprisonment.
The penalty for statutory rape becomes significantly harsher when the victim is younger. In cases where an individual 18 or older has sexual intercourse with a minor who is under 14 years old, they are guilty of second-degree rape, which is a Class C felony and could result in imprisonment of between 5 to 10 years.
First-degree rape is when sexual intercourse occurs between an adult and a child under the age of 12. Criminal convictions for this offense come with severe penalties, including a prison sentence ranging from 20 to 50 years.
Driving Under the Influence
Driving under the influence (DUI) is defined as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for individuals over 21 years old and 0.02% for those under 21. It also encompasses driving while impaired by any amount of alcohol or controlled substance if it impairs a person’s ability to drive safely.
Driving under the influence is generally considered a strict liability offense, meaning intent or knowledge of one’s impairment isn’t necessary for conviction. An involuntary intoxication defense, claiming someone was unknowingly or unintentionally intoxicated, is possible in theory but rare and challenging to prove in DUI cases.
Penalties for Driving Under The Influence in Lexington, KY
In Lexington, KY, the penalties for a first-offense DUI include potential jail time from 48 hours up to 30 days and monetary fines ranging between $200 and $500. Beyond this, offenders may be required to fulfill community service obligations, have their driver’s license suspended, and be required to complete a substance abuse treatment program.
Subsequent offenses bring stricter penalties. For example, a second DUI carries between 7 days and 6 months in jail and a longer driver’s license suspension.
Legal Defenses to Strict Liability Crimes
While strict liability crimes do not consider the intent of the accused, there are still defenses available to contest such charges. Some of the most common ones your criminal defense lawyer might raise include the following:
Mistaken Identity
A defense of mistaken identity argues that the accused individual was incorrectly identified as the perpetrator. This can be due to unreliable eyewitness testimony, poor-quality surveillance footage, or other factors that may have led to a wrongful accusation.
Alibi
An alibi is proof confirming that the accused person was in a different place at the time of the alleged offense and therefore could not have committed it. An effective alibi usually involves evidence such as timestamp photos or receipts, video footage, or witness testimonies verifying your whereabouts.
Violation of Rights
Your defense attorney can also assert that there was a violation of your constitutional rights at some point before, during, or after your arrest. This might involve authorities failing to read Miranda rights, illegal search and seizure, or a lack of due process.
If successful in proving such violations occurred, evidence obtained from these actions may be deemed inadmissible, consequently leading to the dismissal of your case in some instances.
Contact a Lexington Criminal Defense Attorney for a Free Consultation
If you find yourself facing a strict liability charge or simply want more information about how they could potentially impact you, don’t hesitate to contact our Lexington criminal defense attorneys today to schedule a free consultation. Contact Suhre & Associates DUI and Criminal Defense Lawyers, today at (859) 569-4014 to learn about your rights and your options. We can even visit you in jail if necessary.
